This Operational Bulletin (OB) provides information and processing instructions concerning the participants to the Commonwealth Electoral Network Biennial Conference. For some of the participants, the regular processing procedures would be applicable. In all the other cases, the authorities would apply the processing procedures applicable under the Foreign Mission and International Organisations Act (FMIOA).

Bring together the most senior election managers in the Commonwealth and,

Offer important opportunities for promoting all the aspects of good electoral practices through peer learning and support, thereby enhancing the democratic culture and service to citizens

Toronto will host the Commonwealth Electoral Network Biennial Conference from June 25 – 26, 2012. About 10 delegates would be arriving earlier in Canada. They would be participating in a pre-conference Steering Committee meeting. This meeting will take place on June 24, 2012. The Chief Electoral Officer of Canada will chair this conference. In conjunction with the Commonwealth Secretariat, Elections Canada is involved in the:

Planning of the conference

Implementation of the conference and,

Execution of the conference

The Order in Council covers the Commonwealth Secretariat. This is in accordance with the guidelines specified in the Foreign Mission and International Organisations Act (FMIOA). All countries, which are members of the Commonwealth Secretariat, have received the invitation to this conference.

The officials belonging to certain organisations will also be attending this conference. An Order in Council also covers each of these organisations, the names of which include:

The United Nations Development Program and,

The United Nations Electoral Assistance Division

Order CRC c 1317 applies to the above-mentioned organisations as well.

The Organisation of American States (OAS) (covered under SOR / 99 – 350)

Officials from both these organisations will be attending the conference.

Some officials attending this conference will also be representing certain organisations. However, no Order in Council covers these organisations. This is in accordance with the guidelines specified in the Foreign Mission and International Organisations Act (FMIOA). These organisations include:

The Electoral Institute for the Sustainability of Democracy in Africa

The ACE Secretariat

The International Institute for Democracy and Electoral Assistance

The Instituto Federal Electoral and,

The International Foundation for Electoral Systems

The Processing Procedures

The Foreign Mission and International Organisations Act (FMIOA) Processing for “Representatives” and “Officials” of the Commonwealth Secretariat

The authorities have granted certain privileges and immunities, which have a particular relevance to Citizenship and Immigration Canada (CIC), to:

“Representatives” – under Article IV section 11 (d) of the Convention on Privileges and Immunities of the United Nations and,

“Officials” – under Article V section 18 (d) of the Convention on Privileges and Immunities of the United Nations

Schedule III Section 5 of the Foreign Mission and International Organisations Act (FMIOA) also lists these rights and privileges. The Foreign Mission and International Organisations Act (FMIOA) provides further details on this. It specifies that these individuals enjoy “exemption in respect of themselves and their spouses from immigration restrictions”.

Similarly, “officials” and spouses of the UN and the Francophonie also receive certain entitlements. As mentioned above, they are entitled to the Foreign Mission and International Organisations Act (FMIOA) immigration immunities. In addition, the authorities have also extended the Foreign Mission and International Organisations Act (FMIOA) immigration immunities to “officials” of the Organisation of American States (OAS). However, their spouses do not enjoy any privileges. This is in accordance with the specifications of the Order.

The authorities will not issue “representatives” and “officials” a Temporary Resident Permit. Instead, they would need to issue an official 0-1 Temporary Resident Visa (TRV) to these “representatives” and “officials”. This is despite the fact that some of these “representatives” and “officials” could be inadmissible. Sections 33 – 43 of the Immigration and Refugee Protection Act (IRPA) lay down the details under which the authorities can deem visitors to Canada as being inadmissible.

The authorities would need to issue all visa applications for participants to Foreign Mission and International Organisations Act (FMIOA) expeditiously. In addition, the authorities would need to issue these visa applications without charges or restrictions. In other words, the authorities mandate that the visa requirement in itself must not become a hindrance with regards to the person’s travel and entry into Canada.

The Regular Processing Procedures for Other Applicants not Covered by Foreign Mission and International Organisations Act (FMIOA)

Regular processing procedures are applicable for government officials, who are not:

“Representatives” and,

Delegates representing delegates and governments

In particular, regular processing procedures do not apply to “representatives” and delegates from the following organisations:

The Electoral Institute for the Sustainability of Democracy in Africa

The ACE Secretariat

The Instituto Federal Electoral

The International Foundation for Electoral Systems and,

The International Institute for Democracy and Electoral Assistance

The Temporary Resident Visa (TRV) Processing Fee

The Government of Canada i.e. Elections Canada is a co-host for this conference. Therefore, the authorities have granted an exemption to participants from paying the Temporary Resident Visa (TRV) processing fee. The following specifications however, apply to all the participants:

R296 (2) (e)

298 (2) (d)

296 (2) (a) and,

298 (2) (a)

Other Information about the Forum

The List of Participants and Letters of Invitation

The authorities have compiled a list of participants for this conference

People would need to contact the Special Events Unit if they:

Require answers to any of their concerns or questions or.

Would like to receive a copy of this list

The Commonwealth Secretariat is issuing the letters of invitation

It is issuing these letters of invitation to the head of an agency

A copy of this letter of invitation is available on the Special Events web page

Spouses

In general, the authorities have not extended an invitation to the spouses of the participants

As mentioned earlier, the Foreign Mission and International Organisations Act (FMIOA) accords certain specific privileges and immunities to applicants. These privileges apply only to “representatives” and “officials”. Therefore, missions no longer need to send these applications for security screening to the Canada Border Services Agency (CBSA).

However, missions would need to send an e-mail notification to the Canada Border Services Agency (CBSA). The e-mail must specify that the authorities have granted a Temporary Resident Visa (TRV) to these applicants. It must also mention why the authorities have done this. For example, they must specify that the authorities did this in accordance with the provisions specified in the Foreign Mission and International Organisations Act (FMIOA). Therefore, the e-mail must conclude, the missions are sending the e-mail. This e-mail would enable the Canada Border Services Agency (CBSA) to alert its security screening partners.

The missions would need to send these e-mails to the generic inbox. These e-mails must contain the following information:

The full name and date of birth of the applicant

The event the applicant is attending, along with the dates and,

The notification that the person has cover under the provisions of the Foreign Mission and International Organisations Act (FMIOA) Order

Situations could arise where the applicants might apply in the future, under different circumstances. For example, these applicants might apply using non Foreign Mission and International Organisations Act (FMIOA) applications. In this scenario, the authorities would need to refer these applications to the Canada Border Services Agency (CBSA). They would do so via the Global Case Management System (GCMS). The Canada Border Services Agency (CBSA) would take care of the security screening for these applicants. This is in accordance with the indicators specified in the IC2 manual.

In addition, situations could arise where the authorities need to admit an inadmissible applicant to Canada. This might have a significant impact on the security of Canada. In these situations, the officers would need to send a copy of the application to their respective geographic desks. Moreover, the officers would also need to consult the Case Management Branch about these kinds of cases.

The Coding at Missions and at Ports of Entry

The Special Events Code for this event is 12CENB

The authorities have uploaded this Special Events Code in the Global Case Management System (GCMS)

The coding applicable for participants covered by the Foreign Mission and International Organisations Act (FMIOA):

The officers would need to insert a note in the Global Case Management System (GCMS)

They would do this if they processed the case under the provisions of the Foreign Mission and International Organisations Act (FMIOA)

The officers would need to mention the notation “Foreign Mission and International Organisations Act (FMIOA)” on the Temporary Resident Visa (TRV) by hand, if applicable

Situations could arise where the provisions of the Foreign Mission and International Organisations Act (FMIOA) enable an inadmissible person to come to Canada with a Temporary Resident Visa (TRV) despite the fact that the applicant might well be inadmissible under the Immigration and Refugee Protection Act (IRPA) guidelines

In these situations, the officers would need to place the appropriate notes in the Global Case Management System (GCMS)

The note must mention:

“The applicant is indeed inadmissible under section X of Immigration and Refugee Protection Act (IRPA), but his/her visit falls under the purview of the Foreign Missions and International Organizations Act”